The recent Supreme Court decision in Harris vs. Quinn has put a spotlight on an important aspect of American labor law.

There is a fundamental — and little understood — principle of both private and public sector labor law that holds: Those chosen by a majority of employees in a given unit to represent those employees in collective bargaining shall be the "exclusive" representatives of all employees in that unit.

This has a dual purpose:

(1.) Employers do not have to deal with two or more competing organizations to establish the terms and conditions of employment for a given unit.

(2.) Federal law guarantees every worker who is represented by a union equal and nondiscriminatory representation — meaning unions must provide the same services, vigorous advocacy and contractual rights and benefits whether the employee is a union member or not. If you are not a member of the union, you are fully covered by the collective bargaining agreement that was negotiated between the union and your employer including wages, pensions, vacations, health insurance, seniority and working hours.

In the Harris vs. Quinn case, the justices ruled by a 5-4 vote that home health care workers in Illinois cannot be compelled to financially support a union they don't wish to join. Illinois is one of 26 states, including New York, that require public-sector workers — such as firefighters, police officers and teachers — to pay a "fee" to the unions that negotiate and administer their contracts.

The statutory right of exclusive representation mandates a "duty of fair representation" on the part of the union. It has the obligation to represent all employees fairly, in good faith and without discrimination. The right to speak for all employees in the bargaining unit carries with it the corresponding legal duty to protect them as well.

It has been common practice for employers and employee organizations to mutually agree that a "fee" should be assessed to those who do not choose union membership to help defray the cost and obligation of the elected representative of all the employees to provide benefits they legally receive under the collective bargaining agreement. Fees are not "dues" and have nothing to do with so-called "forced unionism."

Federal and state laws do guarantee that no one can be forced to be a member of a union or to pay any amount of dues or fees to a political or social cause they do not support. This is not a First Amendment issue abridging free speech, but simply contributing to help pay for services provided.

The Supreme Court Harris vs. Quinn decision did not exclude the right of employers and unions of full-time employees to negotiate "fair share" provisions, although some justices would clearly support that.

Exclusive representation and its attendant obligations mean that everyone who receives benefits has an obligation to help pay for them.